law civil v criminal, source law

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  • legal/ other rules (c1)
    • common law
      • based on, "stare decisis" - let the decision stand.
      • helped develop the court hierarchy as lower courts follow higher courts and cases are published
      • based on judicial decisions.
        • common law decisions must be constant and apply to the whole country so cases are treated fairly and equily.
      • donoghue v stevenson 1932 was a common law decision on tort of negligence - affected whole country.
    • civil vs criminal
      • civil cases
        • purpose - uphold the rights of individuals or businesses
        • person starting the case - the claiment of the person who suffered
        • standard of proof - the balance of probabilities
        • burden of proof - on the claiment
        • outcome - liable, not liable - compensation
        • citation - surname v surname
      • criminal cases
        • purpose - maintain law and order, and maintain society
        • outcome - convicted or acquitted
        • person starting the case - crown prosecution service ( cps)
        • standard of proof - beyond all reasonable doubt
        • burden of proof - on the cps
        • case citation - r v surname

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